Currys.co.uk Delivery Problem - have I just purachsed a £920 paperweight??!!!

manaesh

Apologies if this is in the incorrect section - but it is to do with house and appliances!

On 25th of December I purchased a Panasonic HD 42" Plasma TV from currys.co.uk online for 919.99 including delivery. I had it delivered on the 29th of December. All well so far.

For many reasons (straight away Very hectic at work from the 2nd of Jan, and I have been out of the country for the last 2 weeks, plus moving home) meant that I didn’t manage to actually open the box, and check the contents. The box has been stuck in the spare room, and untouched for a month.

Last Sunday - I finally got round to checking it - and sods law - the screen has a huge crack from left to right (below the first layer of glass) - I just put the TV back in the box, haven’t even switched it on.

I phoned Curries on the 4th of Feb, who said "no problem - we will send an engineer out to have a look, he will give you an RMA number - and you can have it replaced..."

However, the engineer has turned up today, confirmed the cracks, and tried to get an RMA number. Curries are now refusing - saying I am past the 28 day limit to report delivery faults.

I tried to get them to take it back for the sake of 5 days - but they were having none of it. Their attitude was that it’s my problem, they can’t do anything at all - which really gets me.

I have checked with my credit card issuer (Morgan Stanley) and they say it is not covered. I have paid my credit card bill off in full.

Is there any avenue I could pursue with regard to getting a replacement TV? Even after they got my hopes up by saying no problem first time? Is there any consumer legislation that I could use to my advantage?

I really am hoping I haven’t just brought a really expensive paperweight!!!

Any ideas??

Mike

alwaysonthego_2

it is bit of a dodgy one but if I was you I would go to your local currys store and cause a stink and demand a new tv. Is there anyway of claiming on your household insurance, sorry don't know what else to suggest

everythingblogcast

Sales of Goods Act

When a consumer purchases goods and/or services from a trader, both consumer and trader are entering into a legally binding contract.

Sale and supply of goods: the implied terms
The law provides that, in every transaction for the sale and supply of goods (including hire purchase, hire, part exchange and contracts for work and materials), certain terms are implied.
The person transferring or selling the goods must have the right to do so, and the goods must:
• correspond with the description – Many transactions involve a description of some kind. When goods are supplied and the consumer relies on such a description, the goods must be 'as described'. If the description is false, a criminal offence may also have been committed.
• be of satisfactory quality – Goods must be of a standard that a reasonable person would regard as satisfactory (having regard to any description applied to them, the price and all other relevant circumstances). Quality is a general term which covers a number of matters including:
* appearance and finish;
* freedom from minor defects;
* safety;
* durability.
In assessing quality, all relevant circumstances must be considered, including price and description. In consumer contracts, the manufacturer’s advertising can also be taken into account.
• be fit for the purpose – When a consumer indicates that goods are required for a particular purpose or where it is obvious that goods are intended for a particular purpose, and a trader supplies them to meet that requirement, the goods should be fit for that specified purpose.
Additional remedies for consumer buyers
Under EU law, there are additional remedies where the buyer is acting as a consumer in contracts for the sale or supply of goods (but not in contracts of hire and hire purchase). In these circumstances, the consumer may be able to demand any of the following:
• A repair or replacement.
• A price reduction to an appropriate amount taking the defect into account.
• Rescission of the contract (i.e. return of the goods, part or full refund, and compensation, if appropriate).

Taken from http://www.tradingstandards.gov.uk/cgi-bin/bglitem.cgi?file=badv073-1011.txt on Sunday 31st December 2006 at 13:40


Straight away you have appearance and finish

huge crack from left to right

; and freedom from minor defects.

Tell Currys they have too under the Sales of Goods Act, Say that techs can check to see how long its been used for. And under the credit act seaction 75 you can get your credit card to get YOUR money back.


Hope this helps.

Debt_Free_Chick

manaesh wrote:

... Very hectic at work from the 2nd of Jan, and I have been out of the country for the last 2 weeks, plus moving home ....

... the screen has a huge crack from left to right (below the first layer of glass)...

If you've moved home since it was delivered, how do you know it was cracked when you received it?

manaesh

Debt_Free_Chick wrote:

If you've moved home since it was delivered, how do you know it was cracked when you received it?

Sorry - I should have made that clearer - I am in the process of moving home at the moment (thats why I looked in the box) - the actual unit has stayed in one place since delivery (my parents spare room)

Mike

Nile

Hello maneash

Your thread will be better suited to 'The (Consumer) Vent' board, so I'll move it across.

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

Regards

Nile

manaesh

everythingblogcast wrote:

Sales of Goods Act


Taken from http://www.tradingstandards.gov.uk/cgi-bin/bglitem.cgi?file=badv073-1011.txt on Sunday 31st December 2006 at 13:40


Straight away you have appearance and finish ; and freedom from minor defects.

Tell Currys they have too under the Sales of Goods Act, Say that techs can check to see how long its been used for. And under the credit act seaction 75 you can get your credit card to get YOUR money back.


Hope this helps.

Thanks for that! Will give that a shot! Any other suggestions everyone??!!

Thanks

Mike

babyangel10

Sorry, I can't give advice to the OP, but I want to know why everythingblogcast, aka Kurt apologises for his dyslexia on his sig?

I was horrified to see that! (In the nicest possible way )

Absolutely no need mate - nothing to be sorry about - it's other people who should apologise for their ignorance if they make nasty comments about your spellings/grammar without finding out the reason behind it

Just felt I had to say something - sorry for going off topic!

Good luck to the OP, I'm sure you get it sorted to your advantage with all the good advice on here

alwaysonthego_2

try this website http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm#Deliveries

you may not be able to get a refund because it took you a while to complain about the fault,but may be entitled to a possible replacement or repair

furrypolka

Yes, you have your statutory rights under the Sale of Goods Act which last a lot longer than 28 days! Sometimes I wonder what they're telling their staff at Currys and places like that.

The goods must be of satisfactory quality, fit for the purpose and as described. With a crack in the screen like you describe, it is neither of satisfactory quality nor fit for the purpose and therefore it does not comply with the terms of the Sale of Goods Act.

I too very much doubt that you can reject it for a full refund after this much time has passed, but definitely you should have a repair or replacement in the first instance.

Write them a letter explaining the above, demand a repair/replacement and give them a reasonable date by which to do this.

manaesh

Just a quick message to say thanks to everyone for thier help! After 2 weeks of badgering and over £40 in calls - I managed to get Currys to replace the TV with a model of similar specification!

Thanks again!

Mike